Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-07-25
THE ALIEN LAND ACT.
Text of the Attorney Generals Opinion
Which Leaked Out in London Few

1
Text of the Attorney Generals Opinion.
Which Leaked Out in London "a Few |
Days Ago.
Washington, July 23-Attorney Cen
eral Garland's opinion on the act OF
March 8, 1887, to restrict ownership of
real estatein the territories to American |
citizens, is addressed to the president
under date OF May 20, 1t recapitulates
the presidents inquiries, viz:
First-Was the act intended to apply,
and does it apply, to mines?
Seoond-URn aliens lawfully acquire,
own and hold shares of stock issued by
an American corporation, which is the
owner of mineral lands in the territories
Third--Would the adYanoemenk of
money by aliens for the purpose of de-
veloping mining properties be lawful
under the act?
Fourth--Can aliens lawfully contract
with American owners for working mines
or making any proper use of mineral
lands for term of years
The attorney general than says:
The first section of the act forbids
aliens who have not declared their in
tention 10 become citizens OF the Uuited
States and alien corporations "to here
after acquire. hold or own real estate,
and hereafter acquire any interest there
in in the territories OF the United States
or in the district of Columbia, except in
the cases enumerated in the exceptional
proyiso to the section. The second sec
| tion forbids the operating, holding or
owning OF such real estate hereafter
acquired by any corporation or $3.50
| citation in which more than 20 per cent
| of the stock is or may be owned by
persons, corporations or associations not
| citizens of the United States. The third
sectlen forbids corporations other than
railway, canal OK turnpike companies TO
| hereafter acquire, hold or own more than
5000 acres of land hereafter acquired,
and limits railway. canal and turnpike
companies in their acquisition OF such
lands as may be necessary to the proper
operation OF their roads, canals and turn
| pikes. The fourth section provides for
/ forfeiture OF the prnnerty for violation
| of the provisions OF the
act. The property forbidden to be ac-
| qulsed, held or owned in the first sec
sion is s'real estate or any interest there.
in" The phrase "any interest therein"
is somewhat ambiguous. 1t might bear
the construction that lease for years is
an interest in lands, and land is real es-
tate, therefore lease for years is an in
terest in real estate. It admits OF an-
other construction, that the words "any
interest therein" must refer to any
interest in real estate, that lease
for years, or any estate less than free.
hold in land, is not real estate but o
chattel real, and is SO known in the law;
that the word "therein' refers to what
in law is known as real eetate, and as o
lease for years ls not so known it does
not include lease. In this view OF the
act Che term would signify any proper.
tionate part or interest in real property
(which as such would pass at the deatt
of the ancestor to the heir
and not to the administration OF
executor. It was not the purpose OF the
law to change the whole policy O
the government to such an extent as tt
exclude emigration and forbid an alier
even a lawful temporary residence in thl
territories and the District of Columbia
: Yet the first construction suggested
would effect that result. Upder iI thu
/ owner of the property in the District 0
Columbia could not lawfully lease, ever
for month, a dwelling to one not
citizen. The alien emigrant to terfitori
, es, who had hoped and intended, as .
c,tizsn in the future, to makelh his hom
. there, could not lawfully obtain build
ing in which to shelter his family. Sucl
8 considerations as these enforce the yies
: that the later construction is In &C
b cordance with the intent of the legisla
!, ton, and that bona fide leases are no
! intended to come within the inhibition
OF the act. The exception to the frs
y section relieves from its provisions sue
e real estate or interest therein Es may b
4 acquired in the ordinary course OF juetic
in the collection of debts contracted be
fore the passage OF the act; bat thes
Q provisions attach with full force I
o debts contracted since its passage
: The expression in this connec
: tiop, "No corporation shall hereafse
acquire of hold or own Gny real estai
. hereafter acqu.rsd,p relates to all futgi
d operations of any corporation in rel
20 estate in the territories or the Distri.
of Columbia. 1t dIoes not divest an
rights now existing nor preclude Amer
can corporations from heidinR real esta
u now owned by them, even althoua
lg more than 20 per cent Of their stock n {